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PATTERSON v. BOSTON & MAINE R.R.

No. 4782.

102 N.H. 387 (1960)

HENRY PATTERSON v. BOSTON & MAINE RAILROAD.

Supreme Court of New Hampshire.

Decided January 27, 1960.

Attorney(s) appearing for the Case

James C. Cleveland (by brief and orally), for the plaintiff.

Sulloway, Hollis, Godfrey & Soden, and Joseph S. Ransmeier (Mr. Ransmeier orally), for the defendant.

DUNCAN, J.

The issue transferred relates to the interpretation of RSA 373:1 and 33, requiring a railroad to "provide suitable . . . gates, crossings, cattle passes and other facilities for the accommodation of persons whose lands . . . are separated from a highway, by a railroad" (s. 1); and authorizing the Commission, in case of disagreement as to the "place, number, or kind" of the facilities to be provided, to "determine the number, places, time and manner...

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